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HomeMy WebLinkAboutCC 8 COOP AG 089-239 11-20-89 WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION FROM: COOPERATIVE AGREEMENT NO. 089-239 WITH THE cOUNTY OF ORANGE SUBJECT: TO PROVIDE FOR THE SLURRY SEAL OF VARIOUS STREETS RECOMMENDATION: It is recommended that the City Council, at their meeting of November 20, 1989, authorize the Mayor to sign, and the City Clerk to attest to, the attached subject agreement. BACKGROUND: The agreement provides for the slurry sealing of various streets ~nder a rehabilitation project by the County entitled "Slurry Seal of Various Streets in Orange County, 1989-90" Page 1 of the attached agreement outlines seven streets in which the City will be participating in the slurry seal program. This joint effort between the two agencies will allow the entire street to be resurfaced in lieu of just half of the street. The estimated cost for repair and slurry sealing of those portions of streets located within the City limits is $14,295.00. The CitY will deposit with the County, after the opening of bids and upon County's request, the City's share for the construction of this project based on the actual bid prices. The cost of this project will be charged to the major street maintenance budget, 1989-90 FY. Bob Ledendecker Direct~r of Public Works/City Engineer BL:WA:mv Wisam Altowaij i Associate Civil Engineer 5 6 7 8 9 10 11 . 12 13 '~14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Agreement No. D89-239 AGREEMENT THIS AGREEMENT, made and entered into this , '19 . day of BY AND BETWEEN The CITY OF TUSTIN, a municipal corporation, hereinafter designated as "CITY," AND The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." WI TNES SETH WHEREAS, COUNTY proposes to resurface the following streets and limits: Henstridge Circle Medford Avenue Prospect Avenue Red Hill Avenue Santa Clara Avenue Wass Street Yorba Street Medford Ave. North to End Grovesite Dr. West to End Fairhaven Ave. to 17th St. Irvine Blvd. to La Colina Dr. 55 Fwy. to Leafwood Ln. Newport Ave. to Charloma Dr. Fairhaven Ave. to Bonner Dr. hereinafter referred to as PROJECT; and WHEREAS, a portion of PROJECT is within CITY limits; and WHEREAS, CITY wishes to have its portion of PROJECT improved as part of COUNTY's contract for PROJECT; and WHEREAS, PROJECT is included in plans titled Slurry Seal of Various Streets in Orange County, 1989-90; and WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design, construction and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. COUNTY SHALL: A. Be and is hereby designated as'Lead Agency for PROJECT and shall prepare and process all necessary environmental documents required by the California Environmental Quality Act of 1970 (CEQA) as amended. 1 2 3 4 5 6 7 8 9 10 11 ~- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Agreement No. D89-239 'B. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct PROJECT in accordance with the approved plans and specifications and to execute and deliver all documents required in connection with the construction and completion of said PROJECT, including its Notice of Completion and final accounting report. C. Submit plans and specifications to CITY for review and approval by the City Engineer or his designee, hereinafter referred to as "CITY ENGINEER", as to dgsign and construction features affecting PROJECT within CITY limits. D. During the period of construction, have jurisdiction over the construction area including that portion within CITY limits. E. Obtain the written concurrence of CITY ENGINEER prior to issuing PROJECT change orders affecting PROJECT design for any portion or portions of PROJECT within CITY limits. ~ F. Not accept improvements under the contract for PROJECT until CITY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within CITY limits. G. Any approval or concurrence of city engineer shall not be withheld except for good cause. H. Furnish and deliver~ to City, if requested, all documents'required in connection with the construction and completion of PROJECT including the Public Works Construction Permit. II. CITY SHALL: A. Be and is hereby designated as a "Responsible Agency" for compliance with CEQA. B. Review for approval by CITY ENGINEER the plans and specifications as to design and construction features affecting the construction, operation and maintenance of the portion of PROJECT within CITY limits. --2-- 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Agreement No. D89-239 C. Be responsible for the entire total cost of construction and any approved extra work for that portion of PROJECT construction within CITY limits, as CITY boundaries exist at the time COUNTY's Board of Supervisors accepts improvements constructed under contract for PROJECT. Said total cost will be determined by multiplying the awarded contract's actual bid unit price by the total number of work item units within CITY limits. The estimated cost for CITY's portion of PROJECT's construction cost is approximately Fourteen Thousand Two Hundred Ninety Five Dollars ($14,295) and in no event shall the final construction cost to CITY exceed Fifteen Thohsand Seven Hundred Twenty Five Dollars ($15,725) without written approval of CITY ENGINEER. D. At all times during the progress of construction of PROJECT within CITY limits, ha~e access to the work thereon for the purpose of inspection and, should CITY deem any remedial measures to be necessary, CITY shall notify COUNTY thereof. E. Review completed construction for PROJECT and give COUNTY approval to accept improvements within CITY limits. Approval shall be withheld only for work not completed per the approved plans and specifications and approved extra work. III. PAYMENTS AND FINAL ACCOUNTING: · A. Afte~ COUNTY receives bids for PROJECT constr6ction, CITY will, upon COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's construction costs based on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under the contract by COUNTY, COUNTY shall submit to the CITY for review and approval by CITY ENGINEER a Final Accounting Report for PROJECT. If said Final Accounting Report as approved by CITY ENGINEER shows that the total' cost to CITY is less than the amount deposited with COUNTY, COUNTY shall promptly reimburse CITY the difference between the amount deposited and the --3-- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 _. 25 26 27 Agreement No. D89-239 actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows that the total cost to CITY is more. than the amount deposited by CITY, CITY shall promptly reimburse COUNTY for the difference between the amount deposited and the actual cost subject to the provisions of Section II C. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: A. Upon acceptance of the improvements under the contract by COUNTY, CITY shall accept maintenance responsibility for the portion of PROJECT within CITY limits. B. If PROJECT is found to be environmentally unacceptable pursuant to CEQA or if COUNTY fails to award the PROJECT construction contract by March 30, 1990, this. agreement may be terminated by either party upon thirty (30) days written notice to the other part'y. · · . C. Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this contract involves expenditures · of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. D. That neither CITY nor any officer or employee thereof shall be . responsible 'for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and h~ld CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. /// 1 2 3 4 5 6 7 8 9 10 11 ~ 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Agreement No. D89-239 E. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction not delegated to COUNTY under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY or in connection with any work, authority, ~r jurisdiction not delegated to COUNTY under this agreement. III III III III Iil III III- III ill III III III III III III III III III III Agreement No. D89-239 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF TUSTIN A municipal corporation 8 9 10 Dated: , 19 BY: Mayor 11 ATTEST: --19. 14 15 Clerk of the Council APPROVED ~t~to~ n~y 16 17 COUNTY OF ORANGE A political subdivision of the State of California 18 19 20 Dated: , 19 By: Chairman, Board of Supervisors 21 SIGNED AND CERTIFIED THAT A COPY OF .WHIS DOCUMENT HAS BEEN DELIVERED 22 TO THE CHAIRMAN OF THE BOARD 23 24 LINDA D. RUTH 25 Clerk of the Board of Supervisors of Orange County, California 26 APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL .ORANGE COUNTY, CALIFORNIA 27 /// HF:dasPWO-21-24(C)